The 90 Day Period for Women & Minorities AAPs has ended. Now What?
April 21st 2025 has arrived, marking the end of the 90-day allowance period for federal contractors who wish to continue their Affirmative Action efforts for Women & Minorities as outlined by Executive Order 11246. Now, federal contractors must transition to the new Executive Order 14173 which terminated Executive Order 11246. The new head of OFCCP, Catherine Eschbach, has stated her support of EO 14173 and her commitment to restoring a merit-based system, enforce anti-discrimination, and require contractors and grant recipients to certify that they “do not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”
Here are some things federal contractors and grant recipients should be aware of as we move into this next phase:
Women & Minorities AAPs are no longer required
Conduct an internal review to remove any mention of taking affirmative action for Woman & Minorities, or references to EO 11246, from your website, job listings, careers page, internal portals, handbooks, etc.
Remember that contractors are still required to produce affirmative action plans for veterans and individuals with disabilities.
OFCCP agents could now be directed to discover and expose illegal DEI practices within Federal Contractors
OFCCP agents may be tasked with verifying that all contractors have discontinued their use of Women & Minorities AAPs as of April 21st 2025.
OFCCP may be tasked with reviewing prior AAPs that were previously submitted under audit to determine if illegal DEI is present. However, the legality of this is being challenged as Federal Contractors were completing these AAPs under mandate.
Get ready to certify you are not operating any illegal DEI programs. We have heard reports that federal agencies have already begun requiring federal contractors to sign anti-DEI certifications with bids and contract renewals.
Before you sign, we recommend you perform an internal review to help prevent any potential False Claims of discrimination.
Align your non-discrimination efforts with Title VII and include all races and genders in an analysis of lawful DEI activities.
Review your internal handbooks, policy statements, job postings, and internal and external communications to ensure you are not demonstrating illegal DEI.
Familiarize yourself with all active Federal and state anti-discrimination laws (EEO-1, VETS-4212, VEVRAA, Section 503, FLSA, etc.,) and ensure compliance.
New mandatory posters could be released at any time. Your company should be monitoring these poster updates to ensure you are displaying the most current versions and staying in compliance.
The EEOC recently released new DEI-related discrimination documents, outlining what can be considered illegal DEI and what employees should do if they have experienced DEI-related discrimination. You should review the following posted documents to ensure your company is aligned with this new guidance.
A lot is still uncertain but while we await further guidance from the OFCCP and the DOL, first and foremost, you should focus on unwinding your Women & Minorities AAPs and review your employment policies, procedures, and workforce for any Title VII violations.
AAP Compliance is here for you. Reach out any time if you have questions or concerns!
If you are interested in learning more about how AAP Compliance can help your organization stay up to date with Federal regulations, contact us to schedule a call with our team today!